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VERIFY: What does 'photo enforcement' really mean in Illinois?

We sent public records requests to three Quad City area law enforcement agencies. We also spoke with an Illinois State Police Trooper.

MOLINE, Ill. — If you have been driving along Interstate 74 in Moline, in the construction zone leading to the new bridge, you have likely seen signs in at least three different spots indicating the speed limit is "photo enforced."

THE QUESTION

Are these speed limits being enforced inside those construction zones? And how does "photo enforcement" happen in the State of Illinois?

THE ANSWER

No, the City of Moline and the Rock Island County Sheriff's Office do not have photo enforcement equipment, according to the responses to News 8's records requests.

The Illinois State Police does have the capability of enforcing speed limits with photo enforcement equipment, which is utilized in a fleet of specialized vans. 

Those vans can be sent anywhere in the state, so photo enforcement can only happen in construction zones that the Illinois State Police and Illinois Department of Transportation have identified as needing enforcement.

OUR SOURCES

Under the Freedom of Information Act, News 8 requested copies of all citations issued by "photo enforcement" equipment, along the stretch of Interstate 74, in both directions, between John Deere Road and the new bridge.

News 8 sent those requests to Illinois State Police, the Moline Legal Department and the Rock Island County Sheriff's Office.

Illinois State Police Trooper Jason Wilson also spoke with News 8 about that agency's policies and practices regarding "photo enforcement."

WHAT WE FOUND

Along the stretch of Interstate 74 between John Deere Road and the new I-74 bridge, News 8 submitted a public records request to the Rock Island County Sheriff's Office on August 13, 2021, and the Moline Legal Department on August 18, 2021, looking for copies of citations issued by "photo enforcement equipment" between January 1, 2020 and August 12, 2021.

Both the City of Moline and Rock Island County Sheriff's Office responded to those requests by stating each department does not have "photo enforcement" equipment, and therefore could not produce any records.

News 8 sent a request to Illinois State Police on August 13, 2021, asking for the same information. News 8 did not receive a response from Illinois State Police until September 23, 2021. 

On September 23, Illinois State Police, too, said no records were available during our requested time span, meaning no tickets were issued from "photo enforcement" in that construction zone.

Under Illinois law, "photo enforcement" for speeding can only be used in construction zones when workers are present. 

Credit: Illinois General Assembly

"Photo enforcement" is completed using specialized vans with the equipment inside. If a driver is exceeding the speed limit, that equipment will capture the image of a driver, license plate and vehicle, as well as time and date stamp the image, according to Trooper Jason Wilson, a public information officer for Illinois State Police.

Under Illinois law, the image of the driver is required to issue a ticket using "photo enforcement."

Credit: Illinois General Assembly

But, those vans are not always in the construction zone when drivers are passing through. So, are the signs being enforced?

"We aren’t worried about issuing tickets," said Trooper Wilson. "We just want the threat of the ticket to allow people to think about what they’re doing when they go into those construction zones."

Trooper Wilson said that fleet of vans is sent throughout the state. It is a partnership between Illinois State Police and the Illinois Department of Transportation in deciding which construction zones need more speed enforcement, according to Trooper Wilson.

RELATED: Illinois ends license suspensions for unpaid fees

Trooper Wilson said some of those deciding factors for where vans are sent include the severity of crashes in an area as well as the area's speeding history.

Illinois law requires signs be posted to alert drivers of "photo enforcement" before that practice can take place.

"The whole purpose of putting those signs in there is to be able to say at any point if there are workers present, there can be a van present as well," Trooper Wilson said. "Those signs are required to be there for photo enforcement to take place, but just because they’re there, doesn’t mean there's always going to be a van there as well."

If a van is placed in a construction zone, the van includes signage indicating it is a "photo enforcement" vehicle, and will also post a driver's current speed on a sign above the van, according to Trooper Wilson.

Credit: WQAD
This photo enforcement van was stationed in Colona, Ill., in 2017.

"The actual enforcement radar isn’t until right at the van’s rear, where you’re traveling at a much higher speed than what should be allowed," Trooper Wilson said.

Those vans and "photo enforcement" equipment are operated by specially-trained officers with Illinois State Police, according to Trooper Wilson.

If the van's equipment detects a driver is speeding, it does not mean a speeding ticket is automatically issued. Trooper Wilson said each ticket must be issued by an officer, who can still use their discretion before issuing a ticket, just like during a typical traffic stop.

Trooper Wilson said Illinois State Police is simply looking for drivers to voluntarily slow down and drive at safe speeds.

"At the end of the day, we want them to actually pay attention in that construction zone, because the construction zone you come into in the morning may not be the same one you go into at night," Trooper Wilson said.

If the "photo enforcement" vans are not present, the $375 minimum fine for speeding still applies if drivers are stopped by law enforcement in a typical traffic stop, according to Trooper Wilson.

News 8 also asked the Milan Police Department for a data in a different construction zone -- this one near Camden Park -- in early 2021. Similar "photo enforced" signage was present in that construction zone, with a set 45 mph limit. The Milan Police Department responded to News 8's request and said no records were available that matched the indicated date range.

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